For the first time, today 9 August, a man accused of reckless transmission of HIV has been acquitted (all previous cases have resulted in convictions).
Central to the trial has been full and clear scientific evidence explaining the difficulty of using virological reports to prove responsibility for HIV transmission.
Deborah Jack, Chief Executive of the National AIDS Trust, said:
"This judgment is an important landmark as it reveals the difficulty of using scientific evidence to prove that one individual has passed on HIV to another. HIV is a highly complex virus, with a great deal of stigma attached to it and we need to find an alternative way of dealing with the current epidemic rather than pursuing action through the courts. Prosecutions are simply not in the interests of public health.
However, if cases of reckless transmission do come to court, all parties must have a clear understanding of the proper use of scientific evidence with awareness of its limitations."
NAT does not oppose prosecution for cases of deliberate transmission of HIV and encourages people to disclose their status to sexual partners. However, NAT does recognise that in the current stigmatising climate around HIV, disclosure can be difficult and does not always happen.
NAT opposes prosecution for reckless HIV transmission as it reinforces stigma and makes it harder for people to disclose their HIV status to partners.
NAT will be continuing to work with Dr Anna-Maria Geretti, Centre for Virology, Royal Free and University College Medical School in the development of clearer guidance on the implications of virology reports for the police, courts and people living with HIV.
National AIDS Trust
www.nat
Along with NAT staff and supporters, I will be walking 10km on 30 July on the Walk for Life to raise money for HIV and AIDS. You can sponsor me now at www.walkforlife/emmab. Every penny will make a difference.